Oklahoma Divorce Legal Questions

There is no duty of good faith or "bad faith" with an opposing party if their lawyer, avoiding a default judgement is possible but you're going to need to file quickly and it may be possible to agree on a decree that provides the terms you are wanting.    It is very common to ask for sole custody but to submit a decree with Joint custody.  I'd recommend you meet with a lawyer in your area to protect your rights.... Read More

Common law is marriage, divorce is the only option to end a marriage.  One may file a divorce to end a common law marriage or in the alternative the court may find that there is insufficient evidence of it being a common law marriage and declare as a matter of law that you never entered into a common law marriage and therefore have been and continue to be single. Call a lawyer, it shouldn't be that expensive to carry this out, finding him in Mexico, or showing the court how hard you looked to find him and that you can't find him, may result in the Court saying you can provide him with notice by publication.  If you do find him, he may be cooperative to sign off on paperwork to allow you to resolve this.... Read More

So, you are the Petitioner but don't have an attorney?  If so I would recommend calling an attorney in your county (or in an adjacent county).  There are things that can be done to move things forward, but it isn't possible to give meaningful advice in this type of a forum as it wouldnt take into consideration all issues that must be addressed. On the requirement for a parenting class, if there was a Temporary Order entered in your case, statute already required him to complete the class within 45 days of entry of the Temporary Order.  There are exceptions to the requirement for the class, but as I said there are a lot of things one must know to be able to give you meaningful answers. A "Motion to Enter" will set a "Trial" date for a divorce action, it will also result in a formal "Scheduling Order" being entered which will require you or a lawyer on your behalf to do a lot of things that will take time and cost money, which probably shouldn't really be needed.  A Motion for a formal "Mediation" would NOT require expensive preperation and could result in the signing of a final Decree that is ready for presentation to the Judge and entry.  Mediation is available FREE through the Early Settlement Program, but with a paid Mediator you would be more likely to leave the mediation with a signed Decree that only requires the Judges signature and filing. Call some attorneys and you should be able to get this resolved.... Read More

It is very hard to answer that question without knowing the details, but in general terms the Judge is to determine what "marital assets and liabilities exist" and to equitably divide them.  There can be issues of support alimony or other factors considered, but if both of you work and can be self sufficient, division of property and allocation of debts is the big question. It is often possible to obtain a FREE initial consultation with a lawyer in or near the county where the divorce would be filed.  Under NO circumstance should a person try to do this without legal advice.  If you want to reach agreements to avoid the need for a lengthy and drawnout process, you first need to know the probable out some if tried so you can then make decisions to cut to the chase. Use of mediation is an excellent option, but there too it is important to have legal advice so your agreements are based on reality and set out in a way to protect you legally from risks that the other party may discharge their obligations to pay marital debts (thus leaving you on the hook), and other issues. Call an attorney.  The Family Law section of the State Bar has always suggested that obtaining at least some psychological counseling is a good idea to address grief and other emotions to be able to make more sound decisions while saving on attorney fees and avoiding costly mistakes.... Read More

If it is a victim protective order that was violated, you call the police.  You may enforce other orders through filing an Application for a Contempt Citation, if the orders that are being violated are for the protection of minor children and they're being broke, you probably have a duty to enforce them or you could be accused of failing to protect the children. Call an attorney in or near the county where the orders were entered or where you live.... Read More

What you have discribed is "conversion" where she exceeded the authorization you gave her to use the vehicle, the best remedy is to file for the Dissolution of Marriage (Divorce) you have needed, if you still want to be married to someone who would do that to you, you can seek a Decree of Seperate Maintenance, in either case, an Application for Temporary Order and setting a hearing will at the hearing most likely allow you to regain possession and control of the "seperate property" she has refused to return to you. Of course keep making payments and maintain insurance, most likely any calls to law enforcement would be counter productive, they would say it is a "civil matter" and to take it up with a judge. Call an attorney in or near the county where you live.  If she files first in the county where she lives, it will be far less convenient for you.... Read More

As you note, she (your daughter) is still his wife, if she wants to take that responsibility, the divorce court won't have any ongoing jurisdiction so if she anticipates being challenged by some blood family member of his, then she can file to open a probate proceeding and request an order giving her that authority.  I'm sorry for the loss this presents to your grandson.  If she has a lawyer in the divorce action, he/she should be able to assist her in handling this, if his family wants to challenge her, they can and a court will sort things out. Reaching out to his family may also be appropriate if for no other reason than to give them an opportunity to express their preferences for planning purposes.  The funeral director may be able to assist in this regard.... Read More

If you don't already have a Victim Protective Order (VPO), it sounds like you should get one.  Many counties will consolidate that with a pending divorce case, an Application for Temporary Order should be filed seeking money for your living expenses and suit money for legal representation.  If your attorney's wife suggested tha you get a new attorney, asking for an accounting of the retainer you paid and meeting with an different attorney where you are living would be very wise. Continuances are sometimes necessary, but you are entitled to an explanation of why your matter has not been heard by a Judge during the time it has been pending.  If you don't get answers and an accounting, you may want to go to the Bar Association website to complete a grievance, but getting another attorney may be more pressing given the threats and his puchase of a gun.  If a VPO is granted after a hearing in which your husband takes part or has been given notice and an opportunity to take part, in almost every case it would then be illegal under Federal Law for him to possess a fire arm or amunition. If you can't find an attorney to assist you try contacting legal aid services, they have offices all over the state and have as a priority assisting victims of domestic violence. If the police were never made aware of the threat you received, it would probably be a good idea to give them a detailed report, it would seem that charges may be appropriate for theatenting to kill you. Some counties have volunteer attorneys available to assist with getting a VPO, reach out to agencies in your area, some operate shelters and can also provide you with educational programs and counseling services to help you be safe while learngin to stand up to domestic violence.... Read More

Oklahoma does recognize common law marriage, if established through evidence then you would have the potential protections of going through a divorce just as if you had a ceremonial marriage. A number of factors will be looked at for a judge to find you both had an intent of being married... did you hold yourselves out as being married?  Did you file taxes jointly?  etc. If you can't establish that, other legal protection could come through a law suit for unjust enrichment, breech of contract, etc. I found an interesting website that suggests defenses to saying there is a common law marriage... but it is still up to a judge to say if there is a marriage, which would then provide "Property Division" (assets and liabilities), provision for payment of debts, possible payments in support alimony, etc.  That site is:  https://www.thespruce.com/common-law-marriage-in-oklahoma-2302242 Call an attorney in or near your county to get more specific recommendations.... Read More

You file for divorce in the state and county in which you have been a resident, regardless of where the marriage occurred.  Under Oklahoma Law, you must have resided in Oklahoma at least six months to file here, and at least 30 days living in the county in which you file.  Some states have different residency periods. ... Read More

If either of you file for divorce, you can request the court enter a Temporary Order granting you temporary support to help maintain your living expenses while the case is pending.  The Court has the power to grant you the right to stay in the marital residence while the case is pending.  Each case is different.  The Court will look at your financial need and resources, her ability to pay, the length of the marriage, the debts to be maintained and possibly other factors.  ... Read More

Hey Mary, GOOD NEWS! You are entitle to Alimony, and equal division of property. You will need to retain assistance of a family law specialist to assist you in getting your divorce finalized and division of your property. You do not need to file for divorce in two states. You can file for divorce in your state in the county you live. A typical divorce with no assets and no property is anywhere from $750 to $1,500. A divorce for you can run anywhere from $2,500 to $5,500. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for more information.... Read More

First, if you are not on board with it yet, you should get on board that the divorce is going to happen, and it looks as though he is waiting for you to say enough and file, saving him the filing fee and letting his fragile male ego pretend it wasn't him that brought this on. Second, you do not have to take physical or other abuse from him. That you have not already called the police is on you, not him. Domestic abuse, particularly in front of minors is treated harshly by law enforcement and prosecutors alike. You say you can not afford, but have you spoken with counsel yet about payment plans? Have you spoken to Legal Aid since you have limited employment? Yours is a ten year marriage. Your final terms, and even temporary orders, can potentially include him keeping the mortgage current, child support and spousal support, and maintaining the marital debt. You have options that do not involve being abused or sleeping on a couch in fear.... Read More

What happens now is that you are not actually marriedm to your present presumed spouse. Nor were you actually married the second time you thought you were married. You can not legally marry someone when you are already married to someone else. Get divorced from spouse 1. Legally marry spouse 3.... Read More

With respect, why would you want a DIY prenuptial if you are not aware of the requirements to properly draft one. You would place all you seek to protect at risk. I encourage you to not go down that path. And, be aware you can not prevent the other party from seeking legal advice before signing. All the more reason you need counsel.... Read More

There is no ASAP when the other party can not be found. You will need to make efforts to serve the other party, and document the efforts. Then, if the other party remains in an unknown status, you make application to the court to serve the person by publication. Once the court approves, if it agrees that sufficient effort has been made, you then publish the notice in the appropriate paper of record for the appropriate number of weeks. If you reach this point and still do not know where the other party is, a divorce can be granted.... Read More